Courts may exercise discretion to transfer cases to avoid multiplicity and ensure effective judicial management when relevant cases are interconnected.

ORDER

Dated this the 04th day of April, 2023 The transfer petition is filed under Sec.24 of the Code of Civil Procedure , seeking to transfer O.S. No.167/2018 (Annexure 1) from the Court of the Munsiff, Sulthanbatheri to the Family Court, Kalpetta.

2. The petitioners' case, in brief, in the memorandum of transfer petition is that, the 1st petitioner is the wife of the respondent. The 2nd petitioner is their daughter. The petitioners 3 and 4 are the brother and brother-in-law of the 1st petitioner . The marital relationship between the 1st petitioner and the respondent is strained. The petitioners 1 and 2 have filed O.P. No.196/2021 (Annexure 2) before the Family Court, Kalpetta, against the respondent for a decree of declaration that the 1st petitioner is the absolute owner of certain properties. As a counter blast to the above proceedings, the respondent has filed Annexure 1. As the issues in the two proceedings are inextricably intertwined, it is only just and expedient that Annexures 1 and 2 be consolidated and jointly tried by the same court, which would avoid multiplicity of proceedings and conflict of decisions. Moreover, as the respondent is contesting Annexure 2 before the Family Court, Kalpetta, no inconvenience will be caused to the respondent in Annexure 1 being transferred. Hence, the transfer petition.

3. Heard; Sri.P.C.Chacko, the learned counsel appearing for the petitioners and Sri.Mathew Kuriakose, the learned counsel appearing for the respondent.

4. On a consideration of the pleadings and materials on record, particularly the fact that Annexure 2 is already pending before the Family Court, Kalpetta, and the law laid down by a Division Bench of this Court in Sainudeen v. Shareefa K M & Others

2019 (1) KLJ 185 , I am inclined to exercise the discretionary powers of this Court under Sec.24 of the Code of Civil Procedure and order the transfer of Annexure 1, so that the cases can be consolidated and jointly tried by the same court, which would save precious judicial time and avoid conflict of decisions.

In the result, I allow the transfer petition as follows:

(i) O.S. No.167/2018 is transferred from the Court of the Munsiff, Sulthanbatheri to the Family Court, Kalpetta.

(ii) The parties would be at liberty to move the Family Court, Kalpetta and seek for the consolidation and joint trial of all the cases between them.

(iii) The Registry shall forward a copy of this order to the Court of the Munsiff, Sulthanbatheri, with instructions to forthwith transmit the records in Annexure 1 to the Family Court, Kalpetta.

(iv) The Family Court, Kalpetta, shall, immediately on receipt of the records in Annexure 1, post the case along with Annexure 2.